博弈发生在人与人之间,只要两个以上的人互相作用时,就会发生博弈。侵权责任制度作为基本法律制度,是发生在人与人之间的一种相互关系,当事人各方采取了相同的行为,在不同规则作用下会产生不同的结果。那么,当事人就会根据规则来预测自己的结果,并据此来调整自己的行为,即战略组合。本文尝试从规则对行为的结果导向不同影响来分析交通事故责任制度中双方的博弈。 Gaming occurs between people, as long as more than two people interact with each other, there will be a game. Tort liability system, as the basic legal system, is a kind of interdependence between people. All parties to the parties take the same action and will produce different results under different rules. Then, the parties will be based on the rules to predict their own results, and accordingly adjust their behavior, that is, the strategic mix. This article attempts to analyze the game between the two parties in the liability system of traffic accidents, with the rules directing the results of behavior to different impacts.